Defense counsellor Samuel Markewich had charged that Simon was “framed” in reprisal for his refusal to “fix” a summons for an alleged kosher food law violation.

The case revolved about an incident at the Broadway Central Hotel on the night of November 7 last when Simon was arrested after a conversation with Gellis by detectives from the district attorney’s office who, according to Wallace, laid a trap for Simon. Although no money was found on Simon, Gellis claimed he had given $250 to him. The detectives testified they saw no money passed.